Thursday, February 26, 2009

Advocate Goes Part Time

An open letter to Advocate readers

Feb. 26, 2009

Dear Readers:

This is not the letter I hoped to be posting four months after starting the Advocate, but if an online news service is going to yell 'transparency' at every turn, it had better be willing to play by it's own rules.

Put plainly, as a business venture, the Advocate is failing.

Our business model has four indexes to track growth and predict success of the venture: Readership, community involvement, classified use and, of course, paid advertising. I am sad to report that we are faltering badly on three of those.

While readership numbers have climbed steadily since it's inception, now topping 3000 total page hits, and over 300 readers a week, the sparse use of the 'Classifieds' section, and almost no interest in paid advertising has failed to instill lender confidence, thus denying us access to funding needed to expand the staff, or to go to print with a weekly paper.

These are failures that I blame on my own lack of salesmanship and failure to factor in funding for advertising, believing that word-of-mouth and easy internet linking would be sufficient to get the word out.

Community involvement has to be graded as mediocre. Institutions such as the local colleges, government offices and law enforcement, realizing that every information outlet has value, have been willing contributors.

But surprisingly, organizations like ISD boards, economic development agencies and even chambers of commerce have been less than cooperative, many failing even to return messages or respond to letters of introduction.

In short, the shoe-string budget we were operating on is gone, and the need to pay personal bills now has to override both desire to publish and belief in the need for a service like this for Upshur County.

The site will stay open, but article postings won't be daily events.

In closing, I would like to thank everyone who is providing information and news releases, and the readers who return daily looking for timely and topical news of interest to Upshur County and the surrounding area.

Sincerely,

DeWayne Spell

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Monday, February 23, 2009

Athens Livestock Auction - Feb. 20, 2009

Feeder prices trend lower. Slaughter prices steady from last week.

ATHENS, TX, Feb. 20, 2009 -- Compared to last week, feeder steers steady to 2.00 lower. Feeder heifers 2.00-3.00 lower. Slaughter cows and bulls steady.

Bulk of the supply was medium and large 1-2 400-600 lb feeder steers and heifers. Slaughter cows made up 8 percent of the offering, slaughter bulls 2 percent, replacement cows 5 percent, and feeders 85 percent. The feeder supply included 47 percent steers and 53 percent heifers. Near 12 percent of the run weighed over 600 lbs.


Cattle and Calves: 1,065
Week Ago: 955
Year Ago: N/A

Steers:
Medium and Large 1:
300-400 lbs 117.00-120.00, few to 127.50;
400-500 lbs 107.00-110.00, few to 112.50;
500-600 lbs 98.00-100.00.

Medium and Large 2:
300-400 lbs 104.00-111.00;
400-500 lbs 100.00-108.00;
500-600 lbs 90.00-97.00;
600-700 lb calves 86.00-90.00;
700-800 lbs 75.00-78.00.

Medium and Large 3:
400-500 lbs 91.00-97.00;
500-600 lbs 81.00-85.00.

Heifers:
Medium and Large 1:
400-500 lbs 92.00-97.00;
500-600 lbs 85.00-90.00.

Medium and Large 2:
300-400 lbs 90.00-95.00;
400-500 lbs 84.00-92.00;
500-600 lbs 75.00-84.00;
600-700 lb calves 74.00-79.00.

Medium and Large 3:
300-400 lbs 80.00-85.00;
400-500 lbs 79.00-82.00.

Slaughter Cows:

         %Lean    Weight   Avg Dressing    Hi Dressing    Lo Dressing
Boners 80-85 1200-1600 41.00-48.00
Boners 80-85 1000-1200 42.50-46.50
Lean 85-90 1000-1200 34.00-39.50
Lean 85-90 800-1000 30.00-38.00
Lean 85-90 under 800 25.00-28.50

Slaughter Bulls:
Yield Grade 1-2 1300-2100 lbs 50.50-59.00
Low Dressing 1000-1300 lbs 45.50-48.00

Replacement Cows:
Medium and Large 1-2:
young 780-950 lb cows 2-8 months bred 56.00-78.00 CWT;
middle aged 800-1245 lb cows 2-8 months bred 45.00-71.00 CWT;
aged 970-1230 lb cows 5-8 months bred 34.00-46.00 CWT.

Cow/Calf Pairs:
Medium and Large 1-2:
middle aged 925-1240 lb cows w/75-300 lb calves 560.00-860.00 per pair;
aged 750-900 lb cows w/75-200 lb calves 410.00-560.00 per pair.

Source: Texas Dept of Ag Market News-USDA Market News, Amarillo, TX

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Stimulus Bill Contains Items Of Interest For Rural Texas

Broadband access may be coming to a farm near you, according to the Texas Farm Bureau

AUSTIN, TX, Feb. 20, 2009 -- The nearly $800 billion economic stimulus bill signed into law by President Barack Obama may be meeting mixed reviews around the country, but there are several items within the bill that could bring direct benefit to the farmers and ranchers, Farm Bureau analysts say.

The following are a few of the bill’s provisions that bear significance rural Texas:

Broadband

$7.2 billion for grants to deploy broadband in underserved and unserved areas, of which $4.7 billion would be for a new grant program run by the National Telecommunications and Information Administration, and $2.5 billion for the existing deployment program run by the Agriculture Department's Rural Utilities Service. Internet service providers would be required to provide open access to broadband networks (net neutrality) built using the federal funds.


USDA provisions

• $150 million of budget authority to support $3.1 billion in rural business loans and grants for rural businesses.

• $1.4 billion of budget authority to support $3.8 billion in loans and grants for water and waste disposal facilities in rural areas.

• $130 million of budget authority for rural communities facilities to support $1.2 billion in loans and grants for hospitals, health clinics, health and safety vehicles/equipment, public buildings and child and elder care facilities.

• $50 million to upgrade Farm Service Agency (FSA) information technology systems.

• $24 million for USDA buildings and facilities to address priority maintenance, repair and modernization.

• $176 million for Agricultural Research Service (ARS) to upgrade laboratory and research facilities.

• Increased revenue guarantees for the supplemental disaster program for 2008.

• $17.3 million for direct farm operating loans.

• $50 million in assistance to catfish farmers for increased feed costs.

Transportation provisions

• $27.5 billion from the general fund for highway projects.

• $4.6 billion for the Army Corps of Engineers for construction and operation and maintenance of the nation's flood control and navigation infrastructure and environmental restoration projects.

• $375 million for Mississippi River and tributaries projects, programs, or activities.

Health care provisions

• $19 billion for health information technology infrastructure and Medicare and Medicaid incentives to encourage doctors, hospitals, and other providers to use health IT to electronically exchange patients' health information.

• $500 million for community health centers to provide care to uninsured and underserved rural and urban populations and $1.5 billion for community health center modernization.

• $500 million for training programs for primary care providers, including pediatricians, dentists, nurses, and professionals working in family medicine and internal medicine.

Miscellaneous

-The “Buy America” provision in the bill says the requirement to use U.S. steel, iron and manufactured products for stimulus funded projects must be consistent with international trade agreements.

- Farm Bureau opposed language to expand regulations banning the processing of nonambulatory livestock was not included in the bill.

- Farm Bureau opposed language that would have required entities receiving stimulus funding to use the E-Verify program was not included in the bill.

Source: Texas Farm Bureau Release

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Friday, February 20, 2009

Dallas Fed: Consumers To Save $300 Billion On Lower Energy Prices

'Quarterly Energy Update' says prices decline, demand still dropping and world economic growth is slowing

DALLAS, TX, Feb. 19, 2009 -- The Dallas Federal Reserve today issued it's Quarterly Energy Update, confirming what most of us already know: Energy prices are falling daily.

The report says oil prices have fallen from an all-time high of $147 in July to $40 in the first week of February. Calling the decline, now over $100, "the most precipitous fall in recent history", the report notes that natural gas and refined products prices (gasoline and diesel) have followed oil down.

Gasoline Demand Drops Despite Plunging Prices
The nationwide average gasoline price is now $1.88, down over 50 percent from the peak in July. Even after the drastic decline in prices, demand continued to drop. In December, gasoline consumption fell by 301,000 barrels/day from the same period last year (–3.2 percent), and in November drivers traveled 12.9 billion fewer miles (–5.3 percent).


World Economic Growth Slowing Down
Adding to energy producer's woes, the Fed says member nations of the Organization for Economic Co-operation and Development (OEDC) are in a severe recession, which has stymied oil demand.

In addition, China, the largest oil consumer behind the U.S., saw economic growth slow to 6.8 percent in the fourth quarter. Other emerging economies have come under strain amid the global slowdown. While growth in these economies supported high prices in early 2008, their slowdown has precipitated oil price declines.

The Energy Information Administration (EIA) now estimates world oil consumption will fall by 1.2 million barrels/day in 2009. This will be the first time since 1982–83 that consumption has dropped for two consecutive years.

Consumers Benefit
The report says lower gasoline prices are a boon to U.S. consumers. The EIA estimates that gasoline prices will average $1.87 in 2009, and consumption is expected to drop from 9 million barrels/day in 2008 to 8.9 million barrels/day in 2009.

Based on those estimates, American consumers are expected to save over $190 billion on gasoline alone in 2009. When the overall decline in energy prices is taken into account total savings are estimated at over $300 billion.

But Prices Expected to Climb
In December OPEC cut its production by 2.2 million barrels/day in addition to the 1.5 million barrels/day cut in November. Russia also indicated it may pull several hundred thousand barrels/day from the market.

Despite current conditions, market experts the production cuts will push prices higher towards year's end. The futures market is predicting that the excess production capacity today will be trimmed and future demand will rebound, resulting in higher prices.

Source: Dallas Fed Quarterly Energy Report

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AEP Backs Pickens’ Energy Plan

Electricty giant signs on as corporate sponsor of Pickens’ plan

COLUMBUS, OH, Feb. 19, 2009 -- American Electric Power (NYSE: AEP) has signed on as a corporate sponsor of The Pickens Plan, the energy independence plan proposed by oil and gas industry veteran T. Boone Pickens.

The Pickens Plan calls for reducing dependence on foreign oil, expanded use of renewable energy, a new 21st-century power grid, increased conservation and efficiency initiatives, and a program to shift heavy-duty fleet vehicles to domestic fuels to offset foreign oil, diesel and gasoline use.

The Pickens Plan proposes to generate up to 22 percent of the nation’s electricity from wind and supports development of an extra-high voltage transmission system to facilitate that expanded use of renewable electricity generation. Extra-high voltage transmission is necessary to transport renewable energy from where it is most viable to the nation’s population centers.

“For years, AEP has been the most vocal advocate for development of an extra-high voltage transmission superhighway that will efficiently transport electricity to support economic development and energy security, and The Pickens Plan clearly supports that vision,” said Michael G. Morris, AEP chairman, president and chief executive officer. “We can’t significantly develop renewable energy resources, reduce greenhouse gas emissions and introduce competition for liquid transportation fuels without a well-designed, reliable national transmission grid.


“Boone Pickens has invested considerable time and resources developing and building support for a plan that will help the United States reduce its dependence on foreign energy and promote economic growth. We’re pleased to support Boone and join the more than 1.5 million Americans who have joined the Pickens Army and believe that our nation needs a plan to tap our domestic energy resources, reduce use of foreign oil and improve the environment. We also will ask our approximately 22,000 employees to consider lending their individual support to this effort,” Morris said.

“I am thrilled that AEP is supporting the Pickens Plan. AEP has always been a leader in the electric power industry, and their involvement in our campaign underscores a commitment to energy independence and the transformation of our grid into a state-of-the-art network that can truly manage our renewable resources into the future,” Pickens said. “AEP is one of the growing number of for-profit and non-profit organizations that have embraced our plan. With the support of companies like AEP and our Army of 1.5 million members, we can move forward on our plan to bring natural gas into the transportation cycle for heavy duty trucks, which will significantly reduce our economically devastating dependence on foreign oil. Natural gas is the bridge fuel we can use until sophisticated electric vehicles are ready for consumer use,” he said.

In 2006, AEP first proposed development of a national extra-high voltage transmission system, modeled after the interstate highway system, to more efficiently transport electricity, support development of renewable energy resources and enhance energy independence and national security. The company has proposed more than 2,600 miles of 765-kilovolt extra-high voltage transmission projects to enhance the transmission grid, including a 1,000-mile transmission project that would link the wind-rich Upper Midwest with the population-rich East Coast.

“If we want to do more than pay lip service to using renewable resources for electricity generation in the United States, we have to put in place a federal plan for an extra-high voltage transmission superhighway to move renewable energy from where it is most abundant and viable to population and electricity load centers,” Morris said. “To rapidly develop transmission to support our renewable goals, we need federal oversight for siting and widespread cost allocation for these long-distance, extra-high voltage transmission projects. Without mechanisms to support faster deployment of a very efficient interstate transmission system, we won’t be able to achieve renewable electricity generation at 20 to 30 percent levels.”

In addition to investment in renewables and the transmission grid, The Pickens Plan proposes developing alternative fuel vehicles, such as natural gas-powered trucks and plug-in hybrid electric vehicles (PHEVs), to reduce the nation’s use of imported oil. AEP already is working with automakers and other utilities to study the performance of PHEVs and the effect of their widespread use on the nation’s electricity grid. AEP also is testing the use of PHEVs in its own vehicle fleet to learn more about their performance. Auto manufacturers have announced that they will begin introducing PHEVs in 2010.

About the Pickens Plan:
Unveiled July 8, 2008, by T. Boone Pickens, the Pickens Plan is a detailed solution for ending the United States’ growing dependence on foreign oil. Earlier this year, when oil prices reached $140/barrel, America was spending about $700 billion for foreign oil, equaling the greatest transfer of wealth in human history. That figure has decreased some while oil prices have retreated, but the U.S. is still dependent on foreign nations for nearly 70 percent of its oil, representing a continuing national economic and national security threat. The plan calls for investing in power generation from domestic renewable resources such as wind and using our abundant supplies of natural gas as a transportation fuel, replacing more than one-third of our imported oil. More than 1.5 million people have joined the Pickens Army through the website www.pickensplan.com, which has had over 14 million hits. For more information on the Pickens Plan, visit their website.

Source: AEP Release

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Construction Group Applauds Stimulus Spending

Stimulus' $135 billion for infrastructure and construction will save or create almost 2 million jobs, according to AGC analysis

WASHINGTON, DC, Feb. 19, 2009 -- The over $135 billion in construction and infrastructure investments included in stimulus legislation being signed into law today by President Barack Obama will create or save nearly 2 million jobs over the next two years, the Associated General Contractors of America concluded in its final analysis of the legislation.

The analysis, conducted by the association's chief economist, Ken Simonson, concluded that the infrastructure and construction funding would create or save 650,000 construction jobs and 300,000 positions in related fields such as equipment and material supply. An additional 970,000 jobs in the broader economy would also be created or supported by the investments.

"There's no doubt the stimulus will have a positive impact for construction businesses and their workers across the country," said Stephen Sandherr, chief executive officer of the Associated General Contractors of America (AGC). "When you get beyond the politics and the policy, the fact remains these investments will put people to work, save businesses, and help rebuild aging infrastructure."


In addition to estimating the number of jobs to be created by the construction funding, the association also calculated the benefits to personal earnings and gross national product (GDP). Association economist Ken Simonson noted that the $135 billion for construction would increase personal earnings nationwide by $75 billion and add $230 billion to GDP.

"Whether or not you wear a hard hat for a living, these construction investments will make a difference for the better," said Simonson. "Beyond the immediate benefits, the new infrastructure projects will make businesses more efficient, commuting more reliable and our economy more prosperous for years to come."

Simonson said the new analysis is based on research on the economic benefits of infrastructure investments conducted by the association in cooperation with Professor Stephen Fuller of George Mason University.

Source: AGC Release

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Wednesday, February 18, 2009

Crockett Livestock Auction - Feb. 17, 2009

Crockett head count was up from last week, and doubled the offering a year ago. Feeder prices up slightly, slaughter prices trending down.

CROCKETT, TX, Feb. 17, 2009 -- Compared to last week, feeder steers and heifers under 500 lbs were steady to firm, over 500 lbs 2.00-3.00 higher. Slaughter cows and bulls 3.00-5.00 lower.

Trade and demand was active. Bulk supply Medium and Large 1-2 300-700 lb feeder
steers and heifers.

Slaughter cows made up 17 percent of the offering, slaughter bulls 2 percent, replacement cows 6 percent, and feeders 75 percent. The feeder supply included 59 percent steers and 41 percent heifers. Near 18 percent of the run weighed over 600 lbs.


Cattle and Calves: 998
Week Ago: 798
Year Ago: 489

Steers:
Medium and Large 1:
200-300 lbs 119.00-128.00, individual 130.00;
300-400 lbs 107.00-117.00, few to 119.00;
400-500 lbs 97.00-107.00, few to 114.00;
500-600 lbs 87.00-96.00, few to 105.00;
600-700 lbs 78.00-88.00, few to 94.00, calves 84.00-90.00;
700-800 lbs 75.00-85.00, few to 90.00;
800-900 lbs 70.00-78.00;
900-1000 lbs 65.00-67.00.

Medium and Large 2:
200-300 lbs 100.00-110.00;
300-400 lbs 93.00-103.00, few to 108.00, thin 110.00-119.00;
400-500 lbs 85.00-95.00, few to 104.00, thin 105.00-110.00;
500-600 lbs 85.00-95.00, few to 100.00;
600-700 lbs 77.00-84.00, few to 93.00, calves 87.00-91.00;
700-800 lbs 82.00-87.00.

Medium and Large 3:
300-400 lbs 85.00-95.00, few to 101.00, thin 107.00-117.00;
400-500 lbs 80.00-90.00.

Heifers:
Medium and Large 1:
300-400 lbs 91.00-99.00;
400-500 lbs 87.00-94.00, individual 100.00;
500-600 lbs 80.00-82.00;
600-700 lbs 75.00-78.00, individual 86.00.

Medium and Large 2:
200-300 lbs 92.00-98.00, individual 109.00;
300-400 lbs 86.00-95.00, individual 99.00;
400-500 lbs 80.00-90.00, few to 95.00;
500-600 lbs 80.00-90.00, few 91.00;
600-700 lbs 72.00-82.00, calves 77.00;
700-800 lbs 71.00-73.00;

Medium and Large 3:
300-400 lbs 75.00-85.00, few to 89.00, thin 93.00-95.00;
400-500 lbs 77.00-85.00, few to 89.00, thin 90.00-91.00.

Slaughter Cows:
% Lean Weight Avg. Dressing Hi Dressing Lo Dressing
Breakers 75-80 1200-1600 45.50-46.50
Boners 80-85 1200-1600 44.00-49.50 39.50-43.50
Boners 80-85 1000-1200 43.50-48.50 39.50-42.50
Lean 85-90 1000-1200 37.00-42.50 31.50-35.50
Lean 85-90 800-1000 36.50-41.50 30.00-35.50
Slaughter Bulls
Yield Grade 1-2 1275-1785 lbs 50.50-55.50
High Dressing 1435-2055 lbs 55.50-58.50

Replacement Cows:
Medium and Large 1-2:
young 775-1015 lb cows 7-8 months bred 800.00-980.00 per head;
middle aged 1010-1400 lb cows 7-8 months bred 610.00-770.00 per head;
aged 1070-1365 lb cows 7-8 months bred 560.00-680.00 per head.

Cow/Calf Pairs:
Medium and Large 1-2:
young 815-1010 lb cows w/100-200 lb calves 840.00-910.00 per pair;
middle aged 965-1485 lb cows w/100-280 lb calves 710.00-810.00 per pair,
fancy 1260 lbs cow w/190 lbs calf 910.00 per pair.

Source: Texas Dept of Ag Market News-USDA Market News, Amarillo, TX

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Tax Scams Abound In Hard Times

BBB Warns Tax Schemes Prey on Cash-Strapped Businesses and Consumers

INTERNET, Feb. 17, 2009 -- The continuing downturn in the economy means that many cash-strapped Americans are anxiously looking forward to receiving a tax refund check from Uncle Sam. During this tax season, Better Business Bureau (BBB) advises taxpayers to be on the lookout for schemes and scams that plague businesses and families struggling to make ends meet.

“In a declining economy, a tax refund can provide much-needed cash for families enduring financial hardship,” said Jim Hegarty, BBB president. “As Benjamin Franklin said, ‘In this world nothing is certain but death and taxes,’ but consumers can also be certain that where there are taxes there will be tax scams, and BBB is advising people to be extremely wary of tax-related schemes that will cost them unnecessarily at a time when they can least afford it.”

Following are a few of the tax schemes commonly advocated by unscrupulous promoters, according to the IRS:


• Zero Wages Taxpayer is told to attach to their return a Form 4852 (Substitute Form W-2) or a “corrected” Form 1099 showing zero or very little wages or other income. The taxpayer indicates he or she is rebutting information submitted to the IRS by the employer.

• Zero Return Promoter instructs taxpayer to enter all zeros on their income tax filing, or to enter zero income, report their withholding and then write “nunc pro tunc” (Latin for “now for then”) on their return. The taxpayer is told this will lead the IRS to disregard the original return on which they reported wages and other income.

• Tax Abatement This scam rests on a faulty interpretation of the Internal Revenue Code and involves the tax filer using Form 843 to request abatement of previously assessed taxes.

• Misuse of Trusts Taxpayer is encouraged to transfer assets into a trust to reduce income subject to tax, deductions for personal expenses and reduced estate or gift taxes. Be aware that some trusts do not deliver the promised tax benefits; the IRS is examining these arrangements.

• False Arguments No one has the right to disobey tax laws! The following are false arguments used by shady promoters and thrown out of court: the 16th Amendment concerning Congressional power to lay and collect income taxes was never ratified; wages are not income; filing a return and paying taxes are voluntary acts; and, being required to file Form 1040 violates the 5th Amendment right against self-incrimination or the 4th Amendment right to privacy.

Those who do get involved with an illegal tax scheme may well face repayment of taxes, plus interest and penalties. Don’t let yourself be victimized. Before you do business with a tax adviser, contact the BBB at www.bbb.org to find out if the business is trustworthy. A legal or financial expert can also assist you in evaluating tax-related promotions or solicitations. Visit the IRS Web site
www.irs.gov for additional information on tax fraud.

Source: BBB Advisory

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RRC Takes Jurisdiction Of Flowlines In Populated Areas

Move places previously unregulated flowlines under Railroad Commission scrutiny

AUSTIN, TX, Feb. 18, 2009 -- The Texas Railroad Commission (RRC) last week approved rules that will place natural gas production and flow lines in heavily populated areas under the state’s safety jurisdiction.

Production and flow lines typically are low-pressure pipelines that transport natural gas from a well to a gathering line. A gathering line gathers natural gas from several wells and delivers it to a gas plant or transmission pipeline. Previously, production and flow lines in urban populated areas were unregulated under federal law and had no safety requirements.

The rules, which become effective on March 2, will now require that production and flow lines in populated areas be operated and maintained according to state pipeline safety rules. These rules address several factors including design, construction, operating pressures and testing, emergency response and damage prevention.


Additional pipeline rules also became effective on Feb. 4 that will require natural gas distribution pipeline operators to submit leak reports every six months to the Railroad Commission. These rules were adopted by the three Railroad Commissioners at a Jan. 15, 2009 conference.

The new rules require natural gas distribution pipeline operators to submit online reports covering all leaks repaired on their pipeline systems every six months beginning in July 2009. The reports also must list leaks identified and the number of unrepaired leaks remaining on pipelines.

Under the new rules, new pipeline construction reports also will now be required to be filed with the Commission on new liquefied petroleum gas (LPG-propane) distribution systems. Previously, new construction reports were only required for new natural gas and hazardous liquid pipeline systems.

Commenting on the Commission’s regulation of production and flow lines, Chairman Victor Carrillo said, “As drilling and production has expanded into urban areas, such as Fort Worth and the Barnett Shale region, adopting these enhanced pipeline safety rules will help to assure the public that pipelines transporting natural gas from wells located in heavily populated areas continue to be under the watchful eye of the state’s regulatory agency.”

Commissioner Elizabeth Ames Jones said, “Overall, these new rules help raise the bar on already high standards set by the Railroad Commission in pipeline safety for decades now. This action adds to our agency’s numerous firsts as Texas is now the first state in the nation to regulate all pipelines in heavily populated areas.”

Commenting on the new leak reporting requirements, Commissioner Michael L. Williams said, "This requirement is a preventative measure that further ensures the safety of our citizens. The leak reports enable the Commission to gather data from pipeline systems across the state. We will then review this information to identify and address any trends or potential problems with the state's infrastructure more comprehensively."

In addition to new rules adopted this year, the Commission also adopted rules last year that increase the frequency of natural gas inspection leaks and shorten natural gas leak repair time frames. The rules, which became effective September 2008, require Grade 1 leaks to be repaired immediately, as they are considered hazardous to people or property nearby. Grade 2 leaks must be reevaluated monthly and repaired within 6 months. Grade 3 leaks must be reevaluated within 15 months and repaired within 3 years. Grades 2 and 3 leaks receive a lower level grade only if the gas leak is considered non-hazardous due to its location and magnitude of the leak. Non-hazardous leaks pose no danger of explosion. Previously, Grade 1 leaks required immediate repair, and Grade 2 and Grade 3 leaks were scheduled for repair some time in the future.

Source: RRC Release

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Gov Perry: We Should Reduce The Weight of Government On Texas Business

Supports raising small business exemption to $1 million

AUSTIN, TX, Feb. 17, 2009 -- Gov. Rick Perry today addressed National Federation of Independent Business (NFIB) Small Business Day luncheon expressing his support of small business in Texas, including the idea of raising the business margins tax exemption to $1 million.

“I think we can do more to make Texas the best option for companies that employ Texans, which should include taking a close look at the reformed business tax we implemented a few years ago,” said Gov. Perry. “I support raising the small business exemption to $1 million but also look forward to hearing what our legislators have to say. We need to do everything we can to reduce the weight of government so that employers can have the breathing room they need to make it through these uncertain economic times.


The governor additionally reiterated his commitment to maintain reasonable taxes and regulations, and pursue fiscal responsibility as the state works to balance the budget for the upcoming biennium in order to enhance Texas’ competitive edge in the current national economic downturn.

“I am committed to working with our legislators to keep Texas living within its means, continuing our adherence to proven fiscal principles and making tough choices,” said Gov. Perry. “It may not be the most popular course, but it is the wisest and will keep Texas strong in the months and years to come.”

In his remarks, Gov. Perry also emphasized the need to continue investing in state incentive programs like the Texas Enterprise Fund (TEF) and the Texas Emerging Technology Fund (ETF) which are powerful tools in the state’s efforts to create jobs, and commercialize technology and research in Texas. Since 2003, TEF has generated more than 53,800 jobs and $14 billion in capital investment; and since 2005, ETF has invested approximately $53 million in 54 early-stage companies and 16 universities, and attracted more than 45 world-class researchers.

Source: Perry News Release

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Tuesday, February 17, 2009

Dallas Legislator Takes Aim At Property Owner Association Rules

Proposed changes to the Texas' Property Code aimed at leveling the playing field between property owners and associations

AUSTIN, TX, Feb. 18, 2009 -- Sen. Royce West (D-Dallas) last week introduced a spate of bills that would reform the way property owner associations (POA) in Texas operate.

Addressing everything from bylaws to foreclosures, West's eight bills (SB 234 through 241) would tighten up laws on how associations are managed, require transparency of financial dealings, and give property owners more legal standing to challenge association actions they feel are unfair.

All associations formed after Jan. 1, 2010 would be required to follow the new laws. Some of the changes would affect existing associations, but not all of them would be retroactive.

Some highlights of the proposed legislation follow:


SB 234
* Would allow the winner of a lawsuit involving breaches of deed restrictions to recover attorney fees. Current law restricts that privilege to the party brought the suit, that party usually being the POA.

* Would require property buyers receive notification that the property is subject to association dues and assessments and a resale certificate issued by the association.

* Would require POA's issue resale certificates detailing dues or assessments owed on the property, as well as financial and liability information on the association.

SB 235
* Would disallow a POA claiming the right of first refusal on the sale of property.

SB 236
* Would limits a POA's ability to prohibit a property owner from installing a solar energy device.

SB 237
* Would require 67% of the total allocated votes in an association to change deed restrictions. The ballots of those votes would have to be tabulated by a neutral third party, and the ballots would be filed with the county clerk. Those ballots would be available for public inspection, and retained by the county for four years.

* Would disallow any provision disqualifying a property owner from voting in an election of POA board members or matters concerning the rights or responsibilities of the owner.

* Would disallow any provisions disqualifying a property owner right to run for a position on the board of the POA, unless that owner had been convicted of an offense involving moral turpitude.

* Would require polling places where POA members vote be open from 7 a.m. to 7 p.m.

* Would require POA bylaws be specific as to the makeup and powers of the board, how board members are elected, removed or appointed, as well as how association members are notified of meetings.

SB 238
* Would require POA's make the books and financial records of the association reasonably available to an owner.

* Would provide for court-ordered fines against POA's that did not comply.

SB 239
* Would require that enforcement notices sent by a POA to a property owner describe the violation and state any amount due the association from the owner.

* Would require POA's give property owners a reasonable period to cure the violation and avoid the fine or suspension, and give a certain date by which corrections must be made.

* Would require that notices sent by a POA inform the property owner that he or she may request a hearing regarding the issue within 30 days.

SB 240
* Would require that fines assessed by the POA be reasonable, and that a cap be placed on accumulated fines.

* Would allow POA's to assess fines fines against lot occupants or renters.

* Would require POA's adopt payment schedules by which an owner may make partial payments for delinquent dues.

SB 241
* Would require a court order before the association could foreclose on a property.

The bills can be found in their entirety at
http://www.legis.state.tx.us/Reports/Report.aspx?ID=author&LegSess=81R&code=A1625

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Texas Orders Its Own Peanut Recall

DSHS Orders PCA-Plainview Plant to Recall All Products

AUSTIN, TX, Feb. 17, 2009 -- The Texas Department of State Health Services last Thursday ordered Peanut Corporation of America to recall all products ever shipped from its Plainview plant. The order was issued after dead rodents, rodent excrement and bird feathers were discovered yesterday in a crawl space above a production area during an in-depth DSHS inspection.

The inspection also found that the plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space into production areas of the plant resulting in the adulteration of exposed food products.

DSHS also ordered the plant, which began operations in March 2005, to stop producing and distributing food products. Though plant officials voluntarily stopped operations Monday night, the DSHS order prohibits the plant from reopening without DSHS approval.

State law allows DSHS to issue such orders when conditions exist that pose “... an immediate and serious threat to human life or health.”

Laboratory tests are being done on food and environmental samples from the plant, but DSHS officials said today’s orders are not contingent on finding Salmonella or other illness-causing organisms.

The orders were signed by DSHS Commissioner David Lakey, M.D.

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KC Process Technology Program Earns Prestigious GCPTA Endorsement

Two year Kilgore College course earns one of only 17 endorsements from industry and education alliance

KILGORE, TX, Feb. 17, 2009 -- Kilgore College (KC) has another feather in it's cap.

The college's Process Technology program was recently awarded with an endorsement from the Gulf Coast Process Technology Alliance (GCPTA), one of only 17 colleges nationwide earning such status.

The GCPTA is a regional alliance made up of industry representatives and education providers who are responsible for developing, improving and maintaining the standardized Process Technology curriculum (PTEC) at colleges in Louisiana, Texas and Mississippi.

PTEC is the standardized curriculum for a two-year Associate of Applied Science (A.A.S.) degree that prepares students to work as process operators in process technology industries. These areas include chemical, oil and gas production, refining and exploration, pharmaceutical, timber and power generation, among others.

KC offers the two-year A.A.S. program in process/petroleum technology. The program prepares graduates to maintain safe and environmentally sound work practices, and perform duties in a cost-effective manner in support of petroleum industry business goals.

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Sunday, February 15, 2009

Texas is Number One Exporting State for 7th Consecutive Year

Perry cites low taxes and reasonable regulations as keys

AUSTIN, TX, Feb. 12, 2009 -- The U.S. Department of Commerce has named Texas the top exporting state in the nation for the seventh year in a row based on 2008 export data. Texas’ exports increased more than 14 percent over the last year, totaling $192.14 billion, approximately $23.92 billion more than 2007.

“Maintaining our rank as the nation’s top exporting state is proof positive that Texas has sound policies in place to cushion it from the effects of an economic downturn,” said Gov. Perry. “By maintaining low taxes and reasonable and predictable regulations, business in Texas can continue to flourish, ensuring our ongoing position as a top exporting state and competitor in the global marketplace.”


Texas’ top export recipients in 2008 were Mexico, Canada, China, the Netherlands and Brazil which respectively imported $62.08 billion, $19.2 billion, $8.4 billion, $7.06 billion and $5.96 billion in Texas-manufactured goods and services. Texas’ top exporting industries in 2008 were chemicals, computers and electronics, machinery, petroleum and coal, and transportation equipment which posted increased exports of 9.5 percent, 5.1 percent, 9.3 percent, 72 percent and 2.74 percent, respectively.

For more information regarding 2008 export data, please visit:
http://governor.state.tx.us/ecodev/business_resources/international_business_and_recruitment/.

Source: Gov. Perry Release

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Saturday, February 14, 2009

USDA Hay Report - Feb. 13, 2009

Local prices steady from last week, alternate roughage sources keep feedlot hay sales down

AMARILLO, TX, Feb. 13, 2009 -- Compared to last week, chopped alfalfa and large bales weaker with chopped alfalfa as much as 5.00-10.00 lower. Sellers are finding price resistance as buyers continue to look and find alternative roughage sources. Feedlots and dairies are trying to cheapen-up rations as fed cattle and milk prices move lower.

Sellers continue to try to move inventories of old crop in order to make room for new crops.

Drought conditions in most areas have depleted hay stocks, especially large rounds of grass hays. Livestock producers in severe drought areas have been forced to go out of normal marketing areas or out of the state to find hay needs. Many feedlots and dairy farms continue to contract hay and corn silage for next year.

The state of Texas Department of agriculture has the Hay and Grazing Hot Line set up for buyers and sellers, number is 1-877-429-1998. The web site for TDA is www.tda.state.tx.us.

Prices for hay and pellets quoted per ton except where noted.


Panhandle:
Alfalfa:
Small Squares: Delivered:
Premium to Supreme quality 250.00-300.00, 8.00-10.00 per bale;
Good to Premium quality 200.00-250.00, 7.00-8.00 per bale.

Large Squares: Delivered:
Supreme to Premium quality 200.00-250.00;
Good to Premium quality 190.00-200.00;
Good quality 180.00-190.00;
Fair to Good quality 160.00-180.00.

Chopped Alfalfa:
Delivered to feedlots:
North: 175.00-180.00.
South: 175.00-185.00, instances 190.00.

Milo Hay: Ground and Delivered: 100.00.

Wheat Hay: Large rounds: Delivered: Good quality 110.00.

Sorghum Hay: Large rounds: Delivered: 80.00.

Prairie grass hay: FOB: large rounds: 105.00-110.00.

Haygrazer: Delivered: large rounds 125.00-135.00.

Coastal Bermuda: Delivered: large rounds 120.00.

West Texas:
Alfalfa:
Small Squares: FOB:
Premium to Supreme quality 240.00-300.00, 8.00-10.00 per bale;
Good to Premium quality 200.00-240.00; 7.00-8.00 per bale.

Large Squares: Delivered:
Premium to Supreme quality 225.00-250.00;
Good to Premium quality 190.00-225.00;
Good quality 160.00-190.00.

North, Central and East Texas:
Alfalfa:
Small Squares: Delivered:
Premium to Supreme quality 250.00-300.00, 8.00-10.00 per bale;
Good to Premium quality 7.00-8.00 per bale.

Small Squares: FOB:
Good to Premium quality 5.00-7.00 per bale in the barn.

Large Squares: Delivered:
Premium to Supreme quality 200.00-250.00;
Good to Premium quality 190.00-200.00;
Good quality 180.00-190.00.

Coastal Bermuda:
Small Squares: FOB:
Good to Premium quality 6.00-8.00 per bale; (last week 6.00-7.50)
Fair quality 5.00-6.00 per bale.

Large rounds: FOB:
Premium 70.00-80.00;
Good quality 50.00-70.00;
Fair quality 40.00-50.00 per roll.

South Texas:
Coastal Bermuda:
Small squares: FOB or delivered locally:
Good to Premium quality 6.00-7.50;
Fair quality 5.00-6.00 per bale.

Large rounds: FOB:
Premium Quality 70.00-85.00;
Good quality 50.00-70.00;
Poor quality 30.00-40.00 per roll.

See the complete report at http://www.ams.usda.gov/mnreports/am_gr310.txt.

Source: USDA Report

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